February 12, 2020 Class Actions / Concussions / High School / Litigation / NFL

Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules

A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.

DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …

October 31, 2019 Class Actions / Concussions / Litigation / WWE

Ex-Wrestlers Argue WWE Hid Risks of Head Injuries in Concussion Lawsuit

In a Second Circuit lawsuit, a group of former professional wrestlers argued that the statute of limitations did not lapse in their lawsuit against World Wrestling Entertainment (WWE), as they knew about and hid the risks of head injuries.

As we reported earlier, 67 retired wrestlers sued WWE and its CEO, Vince McMahon, arguing that WWE failed to protect the health of its wrestlers. As a result, these retired wrestlers suffered concussions, CTE, and other brain injuries. The lawsuit was dismissed in September …

October 21, 2019 Class Actions / Concussions / Hockey / Litigation / NHL

Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.

U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.

As we previously reported, Judge Nelson oversaw a …

September 10, 2019 Concussions / NFL

Former NFL Player Moves to Stay Third Circuit Appeal

On August 2, 2019, Amon Gordon, a 37-year-old former NFL defensive end, asked the U.S. District Court for the Eastern District of Pennsylvania to stay his appeal to the Third Circuit in order to give himself a chance to file a Rule 60 Motion against Judge Anita B. Brody’s August 2019 ruling.

As we have previously reported, Gordon moved to appeal to the Third Circuit in his legal battle against the NFL for not alerting its players of the long-term medical impact of concussions. …

August 6, 2018 Concussions / Litigation / NFL

NFL Concussion Settlement Payouts Far Ahead of Schedule

As we recently reported, the district judge overseeing the NFL’s billion dollar concussion settlement has refused the NFL’s request for a special investigator to uncover potentially fraudulent claimants. Since then, claims administrators in the settlement process have released a report indicating that over $500 million in claims had been approved for payout as of July 30, 2018, which is 8 years ahead of the 10-year, $400 million projection.

Just weeks ago, counsel for the NFL conjectured that the total settlement would reach approximately $1.4 …

July 30, 2018 Class Actions / Concussions / Litigation / NHL

Former NHL Players Will Not Appeal

Michael Cashman, a Minnesota lawyer representing former NHL players who filed lawsuits against the NHL, said that the former NHL players would not appeal United States District Judge Susan Richard Nelson’s decision. As we have recently covered, Judge Nelson declined to certify a class of thousands of former NHL players who sued the NHL. The player claimed that the league failed to inform them of the health risks caused by concussions and head-related trauma, even though the league had knowledge of such information. Judge …

July 28, 2018 Concussions / Litigation / WWE

Attorney Sanctioned in WWE Concussion Suit

On July 22, 2018, U.S. District Judge Vanessa L. Bryant upheld sanctions against attorney Konstantine Kyros. As we have previously covered, Kyros represented former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE. The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. Despite being given more than one opportunity to amend his deficient responses; however, he did not.

According to the decision, on January 27, 2016, WWE served Singleton and LoGrasso with interrogatories. On …

July 9, 2018 Concussions / Litigation / NCAA

Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants. The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries. The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years.

On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a …

July 3, 2018 Concussions / NHL

UPDATE: 7th Circuit Declines to Revisit its Decision in Late NHL Player’s Wrongful Death Suit

On June 25, 2018, a panel of three 7th Circuit judges voted to deny a rehearing in the wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. As we have continued to cover since 2013, the case was originally dismissed largely due to procedural and technical defects, rather than the merits and alleged facts of the case.

Boogaard died in 2011 following an accidental overdose of pain medication and alcohol. He was 28 years old. A posthumous diagnosis revealed that Boogaard …

June 27, 2018 Concussions / NHL

Former Players Sue the NHL

On June 21, 2018, former NHL players Dan Carcillo and Nick Boynton filed a lawsuit against the National Hockey League. Carcillo played 429 games in the NHL for the Phoenix Coyotes, Philadelphia Flyers, Los Angeles Kings, New York Rangers, and the Chicago Blackhawks. During those games he was involved in 149 fights and numerous on-ice scuffles. Boynton played 605 games in the NHL for the Boston Bruins, Phoenix Coyotes, Florida Panthers, Anaheim Ducks, Chicago Blackhawks, and the Philadelphia Flyers. During those games he was involved …